WHAT CONSTITUTES A DE FACTO RELATIONSHIP?
The recent decision of the Queensland Court of Appeal in PY v CY [2005] QCA 247 is a reminder that living together in the same residence, while an important factor, is not the only consideration in deciding whether or not a de facto relationship exists. In this case the Trial Judge decided that although the parties ceased living together in March 1997 because one party moved to another area to care for her ageing mother, the de facto relationship continued until Christmas Day 2000. The Court of Appeal upheld this decision. The Court of Appeal found the fact that the separation was caused by the necessity of looking after a relative rather than by choice, the continued contact between the parties and the financial arrangements were all significant. While this is a Queensland case, the law in NSW regarding the existence of de facto relationships is similar and this case, on its facts, does not conflict with the decisions of any New South Wales Courts. It is therefore reasonable to sugges
